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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Kantilal Bastimal JodhavatVsMr. Dipak Yashavant More +1 more

CNR MHCC01007339201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 24th August 2026

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100713/2018
Registration Date
11 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 04-09-2018
    Business: Adv. B. S. Patil for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff seeks time for service hence,
    Matter is adjd. to 05/12/2018 for Service.
    Next Purpose: REPORT
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
    Matter is adjd. to 19/03/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Adv for plaintiff. Mr patil present
    Matter is Adjd for Affidavit of Service to 11/07/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Adv. Patil for plaintiff present.
    KB
    LO
    Adjd. to 30.08.2019 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Advocate B. S.  Patil  for plaintiff present.
    On oral request issue fresh writ of summons to defendants.
    Adjourned for service to 12.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. B. S. Patil present for the plff.
    None present for the Deft
    Adj. For Service on 18/02/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: None present.
    Adjd for Affidavit of service to 23-06-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present
    Adjd to 24-02-2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. B S Patil for DH filed original writ of summons.
    The original writ of summons is produced. The bailiff report states that summons has been served on defendants No.1 and 2. However, the signature appears to be only of defendant No.2. Defendant No.2 failed to appear. Hence, suit to proceed Ex-parte against defendant No.2. But signature of defendant No.1 is not appearing. Hence, re-issue writ of summons to defendant No.1.
    Adjd for service to 14-07-2021
    Next Purpose: SERVICE
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Adjourned due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 21.09.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None present for both parties.
    KB
    Adv Balbhim Patil present for the plaintiff.
    None present for the defendant.
    He filed application for issuance of fresh summons TOR O- issue fresh summons to defendant no.1
    Matter is adjd to 23.11.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: None present.
    Matter is adjd. to 19/01/2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  13-04-2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Advocate Mr. B.S. Patil for plaintiff present.
    None for defendant.
    Exh.6-He filed service affidavit.TOR
    The advocate of plaintiff filed service affidavit alongwith close envelope address to defendant no. 1, which is returned with endosrement unclaimed. Earlier bailiff\''s report disclose that defendant no. 1 has accept sumomns. But refuse to sign on summons, again summons was issued by RPAD, but envelope returned with unclaimed. It amounts due service to defendant no. 1, but defendant no. 1 failed to appear on record.  Therefore, suit to proceed Ex-parte against defendant 1.
    Matter is adjd. for ex-parte evidence of def. no.2 to 04-07-2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv. B.S. Patil for Plaintiff present.
    None present for defendant / Ex-parte.
    Adjd to 30/08/2022 for filing Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: As court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: As court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: As P.O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: None present.
    Matter stands adjourned for Ex-parte evidence on 14-12-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
    Adv. B. S. Patil for plaintiff is present. Seeking time. Time is granted.
    Matter stands adjourned to 16.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: None present.
    Matter stands adjourned for Ex-parte evidence on 17-02-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: Adv. Balbheem Patil present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for Ex-parte evidence on 06-04-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: None present.
    Matter stands adjourned for ex-parte evidence on 22-07-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: None present.
    Kept back.
    Later on called out at 5.15 pm.
    None present.
    Matter stands adjourned for Ex-parte evidence on 24-09-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Plaintiff alongwith Adv. Balbheem Patil present for plaintiff, tendered affidavit of evidence along with compilation of documents TOR marked as Exh.07 and Exh.08.
    Witness is present, he confirms the contents of evidence affidavit in chief on oath to be true and correct, hence, evidence affidavit read and recorded.
    None present for defendant.
    Matter stands adjourned for marking of documents on 26-11-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: None present.
    Matter stands adjourned to  30.01.2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: Mr. Kantilal Bastimal Jodhavat Vs 1. Mr. Dipak Yashavant More
    Adv Balbheem Patil present for plaintiff.
    Plaintiff witness absent.
    Plaintiff to take steps regarding ex-parte evidence.
    Suit is adjourn to 30-07-2025 for EX-PARTE EVIDENCE
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: None present.
    Kept back.
    Later on at 12.30 pm
    Adv. Balbheem Patil  present for plaintiff.
    The following documents are marked under the list Exh.08.
    Original bill of exchange dated 05/03/2016 for Rs.2,00,000/-.
    Demand notice dated 05/02/2018.
    Two original postal receipts.
    Two Ad Cards.
    One return packet.
    He also tendered evidence closing pursis TOR marked as Exh.09.
    Matter stands adjourned to 25-09-2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: Adv. Balbheem Patil present for plaintiff.
    None present for defendant.
    Matter stands adjourned to 15-12-2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-12-2025
    
    Date: 15-12-2025
    Business: Plaintiff is present.
    Adv. Balbheem Patil persent for plaintiff.
    None present for defendant.
    Matter stands adjourned to 19-01-2026 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: Adv. Balbheem patil prsent for plaintiff.
    Heard the ld advocate for plaintiff.
    Matter stands adjourned to 08.04.2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: Adv. Balbheem Patil present  for plaintiff.
    None present for defendant.
    Heard.  Who apprised that defendant proceeded Ex-parte.
    Matter stands adjourned to 13-04-2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-04-2026
    
    Date: 13-04-2026
    Business: As the court is busy in Recording of Evidence in Suit No. 125/1991 and Suit No. 5962/2005. Hence, rest of the Civil board stands discharged.
    Matter stands adjourned to 23.06.2026 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-06-2026
    
    Date: 23-06-2026
    Business: P. O. is on leave.Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-07-2026
    
    Date: 31-07-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    Adv. Balbheem Patil for plaintiff present.
    Matter adjourned to 20.08.2026 for Argument.
                                                                                                    Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-08-2026
    
    Date: 20-08-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    Adv. Balbheem Patil present for plaintiff.
    Matter adjourned to 21.08.2026 for argument.
                                                                                           Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-08-2026
    
    Date: 21-08-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    None present.
    Matter adjourned to 24.08.2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    Adv. Balbheem Patil for plaintiff present.
    Argument Heard.
    Exh-10 Judgment.
    FRSR. Following order passed.
                                                    Order
    1.
    Summary Suit No. 713/2018 is hereby decreed with the costs.
    2.
    The defendant no. 1 and 2 shall pay, jointly and severally, an amount of Rs. 2,00,000/- (Rs. Two Lakhs) to the plaintiff alongwith interest at the rate of 7 percent p.a. from the date of suit till the realization of the entire amount.
    3.
    The decree be drawn up accordinly.
                                                                                       Judge
    Nature Of Disposal: DECREED
    Disposal Date: 24-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108053/2018
    Filing Date: 19-06-2018
    First Hearing Date: 04th September 2018
    Decision Date: 24th August 2026
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Aug 2026

    Order Details: Ex-parte Judgement Pdf Text: Judgment 1 Sum. Suit No.713 of 2018 MHCC010073392018 Presented on 19/06/2018 Registered on 11/07/2018 Decided on 24/08/2026 Duration 08Y: 02M: 05D Exhibit 10 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO.713 OF 2018 Mr. Kantilal Bastimal Jodhavat Age: 51 years, Occupation : Business, Address: Room NO. 1603, Siddhesh Apartment, Khataralli Lane, C. P. Tank, Mumbai - 400002. ] ] ] ] ...Plaintiff Versus 1. Mr. Dipak Yashavant More Age: Adult, Occupation…

    Read Full Order
    Order 1Full order available
    24 Aug 2026

    Order Details: Ex-parte Judgement Pdf Text: Judgment 1 Sum. Suit No.713 of 2018 MHCC010073392018 Presented on 19/06/2018 Registered on 11/07/2018 Decided on 24/08/2026 Duration 08Y: 02M: 05D Exhibit 10 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO.713 OF 2018 Mr. Kantilal Bastimal Jodhavat Age: 51 years, Occupation : Business, Address: Room NO. 1603, Siddhesh Apartment, Khataralli Lane, C. P. Tank, Mumbai - 400002. ] ] ] ] ...Plaintiff Versus 1. Mr. Dipak Yashavant More Age: Adult, Occupation…

    Read Full Order

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